- 5 - Petitioner agrees that he has the burden of proving his entitlement to an abatement of interest. See Rule 142; Woodral v. Commissioner, 112 T.C. 19, 23 (1999). As applicable to the years before us in this case, abatement of interest may be available under section 6404(e)(1) with respect to the portion of interest on tax deficiencies attributable in whole or in part to errors or delays committed by respondent in the performance of ministerial acts that occurred after taxpayers were contacted in writing with respect to such deficiencies.3 Ministerial acts are described as procedural or mechanical acts that do not involve the exercise of judgment or discretion by respondent. See, e.g., Crawford v. Commissioner, T.C. Memo. 2002-10 (citing sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987)4). The denial by respondent of the requested transfer of petitioner’s appeal from respondent’s San Francisco Appeals Office to either the Fresno or Brooklyn Appeals Office involved 3 The 1996 amendments to sec. 6404(e)(1) limited respondent’s authority to abate interest on tax deficiencies to situations where the interest was attributable to “unreasonable” errors or delays committed by respondent and expanded the situations in which abatement of interest might be available to include “managerial” acts (effective for taxable years beginning after July 30, 1996). Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 301(a), (c), 110 Stat. 1457 (1996). This amendment is inapplicable to the instant case. 4 In 1998, sec. 301.6404-2T, Temporary Proced. & Admin. Regs., 63 Fed. Reg. 70012 (Dec. 18, 1998), was finalized, effective for tax years beginning after July 30, 1996.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011